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A motion under the rule is essentially a plea for leniency and presupposes a valid conviction. Rule 35 motion presupposes a valid conviction only for purposes of a hearing on that motion and does not preclude an appeal by a defendant from the conviction.
Before sentence is imposed, the court may grant a motion to withdraw a guilty plea for any fair and just reason.
Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.
Under subdivision (a) a party to an appeal desiring oral argument must request argument. If a party inadvertently fails to request oral argument, the appellate court may relieve the party of this omission. The rule allows 30 minutes for each side to argue a case on appeal.
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
conviction petition is a request to overturn a conviction or sentence based on constitutional violations. The local district attorney general handles postconviction petitions in the trial courts. If postconviction relief is denied, a defendant may appeal to the Court of Criminal Appeals.
RULE 35. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
Rule 36 of the Tennessee Rules of Civil Procedure states that a party ?may serve upon any other party a written request for the admission ? of the truth of any matters ? that relate to facts, the application of law to facts, or opinions about either.? The statements in the requests for admissions will be admitted ? ...